Your Best Precedent Is Unpublished: Now What?
Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his or her client. The attorney responds, "No, Your Honor, that was an 'unpublished' filing. Not only am I not bound by it, in this jurisdiction, you are not even permitted to bring that unpublished filing to my attention."
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Leading Succession
The majority of law firms faced with generational change do not survive into the next generation after the founders retire. This risk of decline or dissolution can be greatly mitigated if your firm plans ahead of time for succession.
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Avoid Drowning in Data
Data is a rich source for evidence in litigation and, for many companies, a valuable asset. What is less apparent, however, is exactly how to properly manage information and its privacy and security. However, over the past several decades, best practices have been developed for establishing and managing a comprehensive privacy, data protection and information governance program. This article summarizes those learnings to suggest an approach for how to design and run a program that is right for your company.
Insights into the Legal Marketing Association
Interested to learn what inspired Adam Severson to become president of the legal marketing global professional association of Legal Marketing Association, the author recently posed a series of questions in order to gain his thoughtful insights. Below are Adam's responses:
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Broad Duty to Defend in IL
A recent ruling from an Illinois intermediate appellate court confirms that an insurer's duty to defend under Illinois law is broad, extending even to cases where it is clear from the record that a policyholder is unlikely to be found liable in the underlying lawsuit.
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Spotting Unreliable Child Interviews
Unfortunately, not all child interviews are created equal, and a biased or unskilled evaluator can shape or distort a child's recollection of family history.
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<b><i>At the Intersection:</i></b> Scope-Blindness: Confusing Trees with Forests
As one of its core principles, Legal Project Management (LPM) emphasizes the need for effective project scoping as a crucial first step for delivering legal services efficiently, predictably, on time and on budget. Most experienced lawyers tell us they scope engagements quite well. In our experience, many of them don't.
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Do Same-sex Couples Have a Constitutional Right to Get Married and Stay Married?
The U.S. Supreme Court is poised to decide whether any state may prohibit same-sex marriages ' or decline to recognize such marriages ' without running afoul of the federal Constitution. A decision is expected late this month.
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<b><i>Voice of the Client:</i></b> The Evolution Between Outside and Inside Counsel
In this column, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more. This month, we reached out to Michael Chartock, who has a multi-dimensional lens on these issues.
e-Discovery In An Information Governance World
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Although this focus may be novel for e-discovery specialists, the management of corporate information at an enterprise level is far from new. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
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